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All Journal SASI Indonesian Journal of Advocacy and Legal Services
Gorda, Anak Agung Ayu Ngurah Sri Rahayu
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Law, Crime, Criminology & Criminal Justice

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Ethics In Business Law: A Paternalistic Legal Philosophy Approach From John Stuart Mill Suputra, I Dewa Gde Ery; Kurniawan, I Gede Agus; Gorda, Anak Agung Ayu Ngurah Sri Rahayu
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2274

Abstract

Introduction: In the modern business world, John Stuart Mill's paternalistic legal philosophy, especially the "harm" principle, is very relevant to balance market freedom and protection of public interests, such as consumers, workers, and the environment, through regulations aimed at reducing the negative impacts of business activities.Purposes of the Research: The purpose of this study is to analyze the application of John Stuart Mill's paternalistic principles in business law and to evaluate the relevance of Mill's legal philosophy to modern business regulation.Methods of the Research: This study uses normative legal methods to analyze the application of John Stuart Mill's paternalistic principles in business law, with conceptual, legislative, and case approaches, and utilizing primary, secondary, and tertiary legal materials analyzed qualitatively and deductively.Results Main Findings of the Research: John Stuart Mill’s paternalistic principles, particularly the harm principle, are highly relevant in modern business regulation as they balance market freedom with protection of the public interest, as seen in consumer protection, employment, corporate social responsibility (CSR), and environmental regulations, which aim to protect consumers, workers, and ecosystems. Despite challenges such as resistance from business actors, the application of this principle remains essential to ensure that freedom in business does not harm society and the environment, and supports sustainability and public welfare.
Geographical Indications and Trademarks Protection: Empowering MSMEs Through Advocacy, Legal Services in Indonesia, Oman, Philippines Kurniawan, I Gede Agus; Gorda, Anak Agung Ayu Ngurah Sri Rahayu; Ezzerouali, Souad Ahmed; Tee-anastacio, Princess Alyssa; Sutrisni, Ketut Elly
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 2 (2025): Contemporary Issues on Advocacy and Legal Services
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i2.29961

Abstract

The protection of geographical indications (GIs) and trademarks represents a crucial instrument within intellectual property law, serving not only as a mechanism of legal protection but also as a means of economic empowerment, particularly for micro, small, and medium enterprises (MSMEs). Nevertheless, the effectiveness of such protection is often constrained by limited access to legal services and advocacy. This study aims to analyze the ideal legal framework for the protection of GIs and trademarks in Indonesia, the Philippines, and Oman, emphasizing the importance of integrating legal services and advocacy to strengthen MSME empowerment. The research employs a normative juridical approach combined with comparative analysis, examining statutory provisions, institutional practices, and the legal cultures of each country. The findings reveal that the Philippines has developed a relatively ideal framework through the active role of the Intellectual Property Office of the Philippines (IPOPHL), which implements the IP Academy, Innovation and Technology Support Offices (ITSO), and the affirmative Juana Make a Mark initiative. By contrast, Indonesia and Oman continue to face challenges, as their regulatory structures remain heavily focused on administrative procedures without explicit provisions on legal advocacy. This study contributes by highlighting the necessity of embedding legal advocacy within substantive regulations and institutionalizing MSME support programs as a state obligation. It concludes that the protection of GIs and trademarks will be more effective if supported by structured and sustainable legal advocacy mechanisms. The key recommendation is for Indonesia and Oman to adopt the Philippines’ best practices, particularly the integration of advocacy and legal services into formal regulations, thereby strengthening MSME empowerment through the protection of geographical indications and trademarks.
Co-Authors Ezzerouali, Souad Ahmed I Gede Agus Kurniawan Ni Ketut Elly Sutrisni, Ni Ketut Elly Suputra, I Dewa Gde Ery Tee-anastacio, Princess Alyssa